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1988 Supreme(All) 931

S. K. DHAON
Hind Lamps Ltd. – Appellant
Versus
State of U. P. – Respondent


ORDER

S.K. Dhaon, J. - On 9th Aug. 1973, a settlement was arrived at between the petitioner Company and the representative of the workmen and was registered u/s 4-F of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as 'the U.P. Act') and Rule 5(1) of the U.P. Industrial Disputes Rules (hereinafter referred to as 'the Rules'). Before the Conciliation Officer, one of the items of the settlement was "good attendance leave". The object of this particular settlement was to prevent heavy absenteeism. Certain incentives were given to the workmen. Under the scheme, allowance was made for 52 weekly holidays, 14 days for full paid leave, 9 days for causal leave and 11 days for festival holidays. It was provided that a workman, who had put in a minimum attendance of 268 days in the previous calendar year was entitled to 2 days leave during the subsequent calendar year, the workman who had put in a minimum attendance of 270 days in the previous calendar year was entitled to 4 days leave during the subsequent calendar year and workman who had put in 275 days during the previous calendar year was entitled to 6 days leave during the subsequent calendar year. Those workmen, who fai

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